Bigyan Kumar Swain vs State Of Odisha & Ors. ..... Opposite ...
2025 Latest Caselaw 669 Ori

Orissa High Court

Bigyan Kumar Swain vs State Of Odisha & Ors. ..... Opposite ... on 15 May, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WP(C) No.14019 of 2025
            Bigyan Kumar Swain            .....      Petitioner
                                                            Represented By Adv. -
                                                            Sidheswar Mallik

                                            -versus-
            State Of Odisha & Ors.                 .....         Opposite Parties
                                                            Represented By Adv. -
                                                            Mr. M.R. Patra, A.S.C.

                                                            Mr. S.K. Patra, Standing
                                                            Counsel for the A.G.
                                                            (A&E), Odisha

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                            ORDER

15.05.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties and Mr.S.K. Patra, Standing Counsel for the A.G. (A&E), Odisha. Perused the writ application as well as the documents annexed thereto.

3. The Petitioner has filed the present writ application with the following prayer:

"Under the aforesaid facts and circumstance the petitioner humbly prays that this Hon'ble court may graciously be pleased to, I. Quash the rejection order No.26443 dt.6.8.2024

as at Annexure-6.

II. Direct/order that the services of the petitioner with effect from 23.11.1998 or from 1.6.1999 shall be regularized and counted as qualifying service for pension as per the direction of the Hon'ble Supreme Court of India order dtd.3.4.2025 in SLP No.7979 of 2024 with all consequential service, monetary and pension benefits.

III. Pass such other orders as may be deemed fit and proper in the interest of justice."

4. Being aggrieved by the order dated 06.08.2024 under Annexure-6 of the Opposite Party No.3, the Petitioner has approached this Court by filing the present writ application. Learned counsel for the Petitioner at the outset contended that earlier the Petitioner approached the Opposite Party No.3 pursuant to an order passed by this Court in W.P.(C) No.1595 of 2023 wherein this Court had directed the Opposite Parties to consider the case of the Petitioner to release all consequential benefits in favour of the Petitioner by treating him as a regular employee from 23.11.1995. Learned counsel for the Petitioner further submitted that although the Opposite Parties have paid the salary to the Petitioner in respect of the period in question, however, they have not sanctioned and disbursed the retiral dues and pensionary benefits in favour of the Petitioner. He further contended that the Opposite Parties have rejected the prayer of the Petitioner by virtue of the impugned order dated 06.08.2024 under Annexure-6 with an observation that order dated 23.11.1995 passed in T.A. No.56(C)/93 of the learned O.A.T. has already been complied with in its letter and spirit. Therefore, the claim of the Petitioner for retrospective regularisation w.e.f.

23.11.1998 instead of 10.11.2008 is devoid of merit.

5. In the aforesaid context, learned counsel for the Petitioner, drawing attention of this Court to the order of the Hon'ble Supreme Court in the case of State of Odisha & Anr. vs. Sarat Lenka in SLP(C) No.7979 of 2024, contended that some of the employees on similar footing with the present Petitioner and belonging to the self-same organization had approached this Court by filing a writ petition. Such writ petition was allowed. Thereafter, the State-Opposite Parties preferred the above noted SLP before the Hon'ble Supreme Court. The Hon'ble Supreme Court vide order dated 03.04.2025 disposed of the aforesaid appeal of the State-Opposite Parties by directing that the Petitioners are liable to get pension from 01.06.1999 on the basis of the fact that the Administrative Tribunal had directed to formulate a scheme within 6 months and thereafter the implementation of scheme had to be done within 3 years. And accordingly, the date of 01.06.1999 would be a reasonable date. A further direction was given by the Hon'ble Supreme Court to the effect that the respondents in the above noted appeal before the Hon'ble Supreme Court shall be given the pension including their arrears, if any, within a period of 12 weeks from the date of that judgment.

6. Learned counsel for the Petitioner further submitted that after disposal of the above noted SLP by the Hon'ble Supreme Court, the Opposite Party No.3 vide his letter dated 30.04.2025 under Annexure-8 forwarded the judgment of the Hon'ble Supreme Court to the Director of Land Record & Survey, Odisha, Cuttack, Opposite Party No.2 with a request to the

Opposite Party No.2 to place the matter before the Govt. seeking appropriate instruction in the matter. In such view of the matter, learned counsel for the Petitioner submitted that since the Petitioner stands in an identical footing with the respondents in the above noted SLP, they are governed by the ratio laid down by the Hon'ble Supreme Court in the above noted case.

7. Learned counsel for the State on the other hand contended that earlier the prayer of the Petitioner was rejected by the State authority. However, in the meantime the Petitioner has approached this Court by filing the present writ application claiming parity with the persons who were respondents in SLP(C) No.7979 of 2024 and has claimed benefits at par with the respondents in the aforesaid SLP. He further submitted that the Petitioner has not approached the Opposite Party-authority after disposal of the above noted SLP. In such view of the matter, learned counsel for the State contended that he will have no objection in the event the Petitioner is granted an opportunity to the approach the Opposite Party for consideration of his case in terms of the judgment of the Hon'ble Supreme Court as has been referred to hereinabove within a stipulated period of time.

8. Having heard the learned counsels appearing for the respective parties, on a careful examination of the factual background as well as materials on record, further keeping in view the judgment of the Hon'ble Supreme Court in SLP(C) No.7979 of 2024, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.3 by filing a detailed representation taking therein all the grounds along with

all supporting documents as well as with a copy of the judgment dated 03.04.2025 passed in SLP(C) No.7979 of 2024 along with a certified copy of this order within a period of four weeks from today. In such eventuality, the Opposite Party No.3 shall do well to consider the representation of the Petitioner strictly in accordance with law and in the light of the judgment of the Hon'ble Supreme Court in SLP(C) No.7979 of 2024 and dispose of the representation of the Petitioner within a period of three months from the date of communication of a certified copy of today's order. The final decision so taken be communicated to the Petitioner within a period of ten days from the date of taking such a decision. It is further made clear that while taking a decision, in the manner as has been directed hereinabove, the Opposite Party No.3 shall not be influenced by the previous rejection order under Annexure-6 dated 06.08.2024.

9. With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 16-May-2025 17:42:43